4/4/16 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $5,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
FINDINGS AND ALLEGED VIOLATIONS:
ON OR ABOUT JUNE 1, 2015, RESPONDENT DISCHARGED APPROXIMATELY 4,200 GALLONS OF OIL, FROM ITS FACILITY INTO OR UPON KOSSUTH CREEK AND/OR ADJOINING SHORELINES. THE EPA OBTAINED THIS INFORMATION FROM THE NATIONAL RESPONSE CENTER REPORT.
KOSSUTH CREEK EVENTUALLY FLOWS INTO THE TUSCUMBIA RIVER CANAL. THE TUSCUMBIA RIVER CANAL IS NAVIGABLE WATER OF THE UNITED STATES , AND IS SUBJECT TO THE JURISDICTION OF SECTION 311 OF THE CWA.
RESPONDENT'S DISCHARGE OF OIL ON OR ABOUT JUNE 1, 2015, FROM ITS FACILITY CAUSED A FILM OR SHEEN UPON OR DISCOLORATION OF THE SURFACE WATER OF KOSSUTH CREEK, WHICH EVENTUALLY FLOWS INTO THE TUSCUMBIA RIVER CANAL AND THEREFORE, WAS IN A QUANTITY THT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3 WHICH IMPLEMENTS SECTION 311(b)(3) and (4) OF THE CWA.
RESPONDENT'S DISCHARGE OF OIL ON OR ABOUT JUNE 1, 2015, FROM ITS FACILITY INTO OR UPON KOSSUTH CREEK, AND/OR ADJOINING SHORELINES, WHICH EVENTUALLY FLOWS TO THE TUSCUMBIA RIVER CANAL, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL. RESPONDENT THEREFORE, VIOLATED SECTION 311(b)(3) OF THE CWA.